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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Texas FM Translator Licensee Agrees to $50,000 Consent Decree for Multiple Rule Violations
  • Public File Violations Result in $41,000 Consent Decree for Pennsylvania Television Station
  • Illinois AM Station Receives Notice of Violation for Tower Registration and Lighting Failures

Violations Yield $50,000 Consent Decree for Texas FM Translator Licensee

The FCC’s Media Bureau entered into a Consent Decree with the licensee of two Texas FM translator stations to resolve an investigation into numerous violations of the Commission’s rules governing FM translator operations, station ownership, use of unauthorized equipment, and the failure to seek Special Temporary Authority (STA) to remain silent for more than 30 days.

FM translators are a secondary broadcast service intended primarily to retransmit the signal of an authorized AM, FM, or LPFM station.  Except in limited circumstances, FM translators may not originate their own programming and must notify the FCC when changing the primary station they rebroadcast.

According to the Consent Decree, the FCC’s investigation arose from multiple objections and petitions filed against various applications involving the stations.  In 2022, the Media Bureau issued a Letter of Inquiry to the current and former licensees requesting information regarding their ownership structures, primary stations being rebroadcast, periods of silence, whether the stations originated programming, and interference complaints.  The investigation ultimately uncovered a wide range of compliance issues.

Among other things, the licensee admitted that it rebroadcast unauthorized primary stations without providing required FCC notification, originated programming on both translator stations, operated with unauthorized equipment when it used a non-directional antenna rather than the authorized directional antenna, failed to notify the FCC when each of the stations went silent for more than ten days, and failed to obtain an STA from the FCC during extended periods in which the stations were silent or operating at reduced power for more than 30 days.

The investigation also examined ownership and control issues.  According to the Consent Decree, the current licensee exercised de facto control over the stations for two months before receiving FCC approval to acquire the licenses.  Also, by exercising control over the stations, the licensee ran afoul of the foreign ownership limits of the Communications Act of 1934, as the majority owner was a Mexican citizen that did not become a U.S. citizen until over two years later.

To resolve the matter, the current licensee entered into a Consent Decree with the Media Bureau in which it agreed to make a $50,000 voluntary contribution to the U.S. Treasury and implement a three-year compliance plan.  Under the compliance plan, it must designate a compliance officer, adopt written operating procedures, create and distribute a compliance manual, conduct employee training, maintain technical records, including its receipt of interference-related complaints, promptly report future violations, and submit periodic compliance reports to the FCC for the next three years.

In return, the Media Bureau agreed to terminate its investigation and grant the stations’ pending applications, including their license renewal applications.  While the Media Bureau concluded that the Consent Decree adequately addressed the violations and agreed to terminate the investigation as a result, it noted that it would grant the applications only so long as (1) payment of the $50,000 voluntary contribution is “fully and timely satisfied” and (2) no other issues arise precluding grant of the applications.

Public File Violations and False License Renewal Certification Lead to $41,000 Consent Decree for Pennsylvania TV Station

The Video Division of the FCC’s Media Bureau entered into a Consent Decree with the licensee of a Pennsylvania television station to resolve an investigation into the station’s failure to timely upload documents to its Public Inspection File while falsely certifying in its license renewal application that it did so. Continue reading →

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Broadcasters’ next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by July 10, 2026, reflecting information for the months of April, May, and June 2026.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station.  The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.

To demonstrate a station’s compliance with this public interest obligation, the FCC requires the station to maintain and place in the Public Inspection File a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three month period.”  By its use of the term “most significant,” the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations.  The lists also provide important support for the certification of Class A television station compliance discussed below.  We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness.  Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during their license term.  Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs.  Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

The FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have complete Quarterly Lists in their Public Inspection File or which have failed to timely upload such lists when due.  The FCC’s base fine for missing or late Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the Public Inspection File by January 10, April 10, July 10, and October 10 of each year.  The next Quarterly List is required to be placed in stations’ Public Inspection Files by July 10, 2026, covering the period from April 1, 2026 through June 30, 2026. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • FCC Warns New York Property Owners Over Pirate Radio Broadcasts
  • New Jersey AM Radio Station Cited for Tower, Power, and EAS Violations
  • FCC Targets Covered List Entity Over Equipment Authorization Violations

FCC Requires Early License Renewal Applications for Over 80 TV and LPTV Stations in Transfer of Control Investigation

The FCC’s Media Bureau issued an Order directing a broadcaster with over 80 TV and LPTV stations spread across nearly 30 states to file early license renewal applications for all of its stations.  The Order states that the Media Bureau has been investigating whether the licensee engaged in unauthorized transfers of control of its station licenses and, despite seemingly having received responses to two Letters of Inquiry (LOIs), determined that further action was warranted.  Notably, this Order was released the day before the FCC mandated early license renewal applications from ABC, ostensibly for its DEI efforts, leading many to suggest that this action the day before may have been taken to deprive ABC of the argument that calling for accelerated license renewal applications is unprecedented at the FCC.

Under the Communications Act and the FCC’s rules, a broadcaster may not assign or transfer control of a station license, either directly or indirectly, without prior Commission approval.  This requirement applies not only to formal ownership changes, but also to situations involving “de facto” control.  A de facto transfer occurs when a licensee no longer retains ultimate control over key aspects of its stations’ operations, including programming, personnel, and finances.  Although the Order does not describe the specific conduct under review, investigations of this nature often focus on whether operational or financial control shifted to a third party without first obtaining the required FCC authorization to do so.

The Order asserts that the FCC has authority to require early filing of broadcast license renewal applications when doing so is necessary to conduct an investigation and to evaluate the licensee’s compliance with its public interest obligations.  In this case, the Bureau concluded that it was “essential” to call the licenses in for early renewal.  As a result, the licensee must file license renewal applications for all of its stations within 30 days.

While the Order does not impose any immediate financial penalties, requiring the filing and prosecution of an early license renewal application, particularly for such a large number of stations, is costly and creates additional risks for the licensee.  The license renewal process requires the licensee to certify its continuing compliance with the FCC’s rules and its qualifications to remain an FCC licensee.  By moving up the license renewal application filing deadline, the FCC gives itself an immediate opportunity to review the licensee’s qualifications and rule compliance to determine whether license renewal, a short-term license renewal, or a license renewal with a fine or consent decree, is the appropriate regulatory action.

After the Order was released, the licensee filed a Petition for Reconsideration arguing that the FCC’s action was unprecedented, exceeded the Media Bureau’s delegated authority, and departed from longstanding FCC practice regarding early license renewal applications. The Petition also asserted that the underlying ownership issues had already been disclosed to the FCC and were the subject of pending transfer applications and an ongoing investigation to address them, obviating the need for early license renewal applications.

FCC Issues Short-Term License Renewal to Mississippi AM Station for Additional Public File Violations Following Consent Decree Over Prior Public File Violations

The FCC’s Media Bureau issued an Order on Reconsideration modifying a prior Memorandum Opinion and Order that had approved a Consent Decree resolving an investigation into potential violations of the Commission’s Public Inspection File rule by a Mississippi AM station.  Under the Consent Decree, the Bureau agreed to grant the station’s license renewal application upon satisfaction of certain conditions, including payment of a $1,000 “voluntary contribution,” the implementation of a compliance plan, and the absence of any additional violations.

Shortly after the Consent Decree was adopted on April 1, 2026, the Bureau determined that the station committed a new Public File violation by failing to timely upload a required quarterly Issues/Programs List by its April 10, 2026 deadline.  Because this violation occurred after execution of the Consent Decree, it was not covered by the settlement and was considered a “new violation” in evaluating the station’s pending license renewal application.  The Bureau found that failing to comply with the Public File rule, particularly so soon after committing to a compliance plan, constituted a serious and repeated violation that was part of a pattern of noncompliance. Continue reading →

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Time moves slowly in the regulatory universe, at least until you are facing a deadline.  It was in 2022 that I first wrote about the then-upcoming September 15, 2022 deadline for broadcasters to disclose whether all content “aired pursuant to the lease of time on the station” had a “foreign governmental entity” behind it, in which case the broadcaster needed to disclose that foreign sponsorship both on-air and in the station’s Public Inspection File.  The task was made more difficult by the broad definition of a foreign governmental entity, which included not just foreign governments, but “foreign political parties, agents of foreign principals, and United States-based foreign media outlets.”

The part of the rule requiring broadcasters to independently investigate whether those leasing airtime were foreign governmental entities was overturned by the courts in July 2022, but that didn’t prevent the remainder of the rule from going into effect in 2022.  The remainder (as summarized by the FCC) included:

(1) Inform the lessee of the foreign sponsorship disclosure requirement.
(2) Ask the lessee whether it falls into any of the categories that would qualify it as a “foreign governmental entity.”
(3) Ask the lessee whether it knows if any individual/entity further back in the chain of
producing/distributing the programming to be aired qualifies as a foreign governmental entity and has provided some type of inducement to air the programming.
(4) Memorialize the above-listed inquiries and retain such memorialization in its records for the remainder of the license term or for one year, whichever is longer.

The FCC, unwilling to settle for 4/5 of the apple and obviously stung by the court’s rebuke, altered the rule in June 2024 to sidestep the court’s ruling.  Since the court had found that the FCC lacked statutory authority to compel broadcasters to obtain sponsorship information from anyone other than their employees and program sponsors, the FCC amended the rule to require that either (1) the broadcaster and the sponsor execute separate certifications “reflecting the communications and inquiries required under the existing rules,” or (2) the broadcaster “ask their lessees for screenshots of lessees’ search results of two federal government websites [DOJ’s FARA website and the FCC’s U.S.-based foreign media outlets reports].”  In other words, the FCC’s maneuver was that if it was beyond its authority to make broadcasters conduct due diligence searches of those two government websites, it wasn’t beyond its authority to demand broadcasters still conduct due diligence research by asking their content providers/sponsors to search those same two websites and provide the search results to the broadcaster.

It’s an onerous requirement given that broadcasters have no legal right to demand anything of their content providers/sponsors, and those same providers can simply elect to take their business to literally every other form of media without facing such regulatory hurdles.  While unwelcome, it was still largely manageable because the FCC in adopting the original rule had made clear that a lease of airtime did not include “traditional, short-form advertising,” and leases of blocks of airtime on broadcast stations are relatively rare compared to traditional ad sales.

Unfortunately, in the later June 2024 Order, the FCC “clarified” the rule to make clear that it “will not apply to sales of advertising for commercial goods and services to the extent that such programming would not otherwise be subject to the general sponsorship disclosure rules, as set forth in section 73.1212(f) of our rules.”  So it would apply to ads that are not for “commercial goods and services.”  That includes ads for nonprofits and ads that don’t fit within Section 73.1212(f).  One example of an ad that is not for a commercial product or service is a U.S. Navy recruiting ad, meaning that broadcasters would need to collect certifications/proof that the U.S. Navy is not a representative of a foreign government before airing its recruiting ads.

The Order then plunged the regulatory dagger deeper, explicitly stating that the rule would apply to the airing of paid Public Service Announcements (PSAs) and all political advertising unless placed by a candidate.  The sheer volume of political ads and the pace at which they are changed in the months leading up to an election is staggering, with ample FCC Political File disclosure requirements already bedeviling stations trying to handle that workload.  The notion of demanding yet more information and documentation from a political advertiser adds to the burden on station employees while giving political advertisers one more reason to take their advertising elsewhere, where they will face none of those regulatory headaches.  And let’s be honest; some advertisers will be absolutely offended by the mere suggestion that they could be connected to a foreign government.

Because no one could figure out how to make such a labor and paperwork-intensive process work in the real world, and because the paperwork requirements had to be approved by the Office of Management and Budget before they could go into effect, the FCC originally announced the amended rule would go into effect a year later, on June 10, 2025.  Then, late in the day on June 10, 2025, the FCC announced an extension of the compliance deadline to December 8, 2025.  Announcing extensions for what appeared to many to be a fundamentally unworkable rule became a running feature here on CommLawCenter.

So I was not entirely surprised to find myself writing on December 5, 2025, one business day before the next deadline, that the FCC had just announced a further extension of the deadline to June 7, 2026.  That post ended with the hopeful message that the FCC might “use this added time to streamline these rather unwieldy requirements before next June.”

That proved partially prophetic.  This time around the FCC didn’t wait until the last minute to announce its plans regarding when broadcasters must come into compliance with the amended foreign sponsorship rule.  While today’s FCC Public Notice emphasized that the deadline for complying with the amended foreign sponsorship rule remains June 7, 2026, it announced that it is suspending the compliance deadline for advertisements and paid PSAs for “two years or until further public notice, whichever comes first.”

More important than the two-year extension is the reason given for it: “this delay of the advertisement and paid PSA regulation is necessary for the Commission to evaluate the costs and burdens associated with these requirements to ensure that there is sufficient offsetting public benefit.”  In other words, the FCC is reassessing whether the burden imposed by expanding the “diligence” requirement to advertising and paid PSAs makes any sense given the substantial burdens involved and the lack of any record evidence demonstrating that broadcast advertisements are being used as undisclosed propaganda tools by foreign governments.

That doesn’t mean that the non-diligence parts of the rule don’t still apply to advertisements and paid PSAs.  While broadcasters won’t be required to provide certifications or government database search results demonstrating that an ad sponsor is not connected to a foreign government, if the broadcaster has actual knowledge that the sponsor is connected to a foreign government, it must still ensure the ad includes an on-air disclosure of that fact, and place a record of it in its Public Inspection File.

So the next time you see a “Visit Scandinavia” ad that portrays Scandinavia as a pleasant place to visit, don’t fall for it.  That’s just what the Scandinavian governments want you to think.

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June 1 is the deadline for broadcast stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.

Deadline for the Annual EEO Public File Report for Nonexempt Radio and Television SEUs

Consistent with the above, June 1, 2026 is the date by which Nonexempt SEUs of radio and television stations licensed to communities in the states identified above, including Class A television stations, must (i) place their Annual EEO Public File Report in the Public Inspection Files of all stations comprising the SEU, and (ii) post the Report on the websites, if any, of those stations.  Once the new Report is posted on a station’s website, the prior year’s Report may be removed from that website. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • FCC Warns New York Property Owners Over Pirate Radio Broadcasts
  • New Jersey AM Radio Station Cited for Tower, Power, and EAS Violations
  • FCC Targets Covered List Entity Over Equipment Authorization Violations

FCC Issues Notices to Three NY Property Owners Over Pirate Radio Activities on Their Premises

The FCC’s Enforcement Bureau issued Notices of Illegal Pirate Radio Broadcasting (Notices) to three property owners in New York following investigations into unlicensed FM broadcasts.  The Enforcement Bureau’s New York field office initiated the investigations after receiving complaints about unauthorized radio operations.  In each instance, agents used direction-finding techniques to confirm that the transmissions were emanating from the identified properties.

FCC records indicated that no license had been issued for a broadcast station to operate at those locations and frequencies, and the Enforcement Bureau determined that the signals were too powerful to qualify for any exemptions applicable to extremely low-powered devices.

Under Section 511 of the Communications Act, the FCC may impose significant fines not only on the pirate operators, but also on property owners who permit such activity on their premises.  The Notices warn that property owners can face fines of up to $2,453,218 if the FCC determines that they continue to allow unauthorized transmissions to occur on their properties.

The Notices direct the property owners to respond within ten business days providing evidence that the unauthorized broadcasts have ceased.  They also request that the property owners identify the individual(s) responsible for the pirate radio operations.

The Enforcement Bureau added that even if the property owners do not respond, the FCC may determine that it has sufficient knowledge of the pirate radio activity to support enforcement actions that could result in “significant financial penalties.”

FCC Pursues New Jersey AM Station for Tower, Power and EAS Violations

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the owner of a New Jersey AM radio station with several Pennsylvania transmission towers for multiple rule violations.  The NOV states that agents from the FCC’s New York field office inspected the station and its associated towers on two occasions in May and August 2025 and identified numerous rule violations.

According to the NOV, the agents found that the towers lacked lighting required by their Antenna Structure Registrations (ASR).  Section 17.23 of the FCC’s Rules requires that towers be painted and lighted in accordance with their registration.   The structures’ ASRs required a red beacon at the top level and two side marker lights at the one-third and two-thirds levels.  While each structure displayed a red beacon at the top, none of the required side marker lights were operational. Continue reading →

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Broadcasters’ next Quarterly Issues/Programs List (“Quarterly List”) must be placed in stations’ Public Inspection Files by April 10, 2026, reflecting information for the months of January, February, and March 2026.

Content of the Quarterly List

The FCC requires each broadcast station to air a reasonable amount of programming responsive to significant community needs, issues, and problems as determined by the station.  The FCC gives each station the discretion to determine which issues facing the community served by the station are the most significant and how best to respond to them in the station’s overall programming.

To demonstrate a station’s compliance with this public interest obligation, the FCC requires the station to maintain and place in the Public Inspection File a Quarterly List reflecting the “station’s most significant programming treatment of community issues during the preceding three month period.”  By its use of the term “most significant,” the FCC has noted that stations are not required to list all responsive programming, but only that programming which provided the most significant treatment of the issues identified.

Given that program logs are no longer mandated by the FCC, the Quarterly Lists may be the most important evidence of a station’s compliance with its public service obligations.  The lists also provide important support for the certification of Class A television station compliance discussed below.  We therefore urge stations not to “skimp” on the Quarterly Lists, and to err on the side of over-inclusiveness.  Otherwise, stations risk a determination by the FCC that they did not adequately serve the public interest during their license term.  Stations should include in the Quarterly Lists as much issue-responsive programming as they feel is necessary to demonstrate fully their responsiveness to community needs.  Taking extra time now to provide a thorough Quarterly List will help reduce risk at license renewal time.

The FCC has repeatedly emphasized the importance of the Quarterly Lists and often brings enforcement actions against stations that do not have complete Quarterly Lists in their Public Inspection File or which have failed to timely upload such lists when due.  The FCC’s base fine for missing or late Quarterly Lists is $10,000.

Preparation of the Quarterly List

The Quarterly Lists are required to be placed in the Public Inspection File by January 10, April 10, July 10, and October 10 of each year.  The next Quarterly List is required to be placed in stations’ Public Inspection Files by April 10, 2026, covering the period from January 1, 2026 through March 31, 2026. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Airport Transmissions Lead to FCC Notice of Unlicensed Operation
  • FCC Issues Notice of Violation for Prolonged Tower Lighting Outage
  • FCC Cuts Off Voice Provider Linked to Illegal Robocalls

FCC Issues Notice of Unlicensed Operation for Unauthorized Aviation Frequency Use

Following a complaint of harmful interference at a Billings, Montana airport, the Denver office of the FCC’s Enforcement Bureau issued a Notice of Unlicensed Operation (NOUO) to an aviation services provider operating at the airport.

According to the NOUO, the FCC’s Denver field office received a complaint regarding unauthorized transmissions on 128.825 MHz at the Billings-Logan International Airport.  The complaint alleged that the transmissions were causing interference to a licensed operator at the airport.  During the investigation, an FCC agent located the source of the interference, and ultimately spoke with a provider of airport services, including charters, aircraft sales, and hanger space rentals.  The provider confirmed it was operating radios on 128.825 MHz as part of its fixed-base operator support services at the airport.  The FCC determined that no license had been issued authorizing the services provider to operate on that frequency.

Such unlicensed operations are prohibited by Section 301 of the Communications Act.  In the NOUO, the FCC warned the services provider that operating without a valid authorization violates federal law and could result in “substantial monetary fines, in rem seizure of the offending radio equipment, and criminal sanctions including imprisonment.”

The NOUO directed the company to immediately cease the transmissions and to not resume them unless it obtained the necessary FCC authorization.  It gave the company 10 days to provide any evidence of authority to operate on that frequency, at which point the FCC will “determine what, if any, enforcement action is required to ensure your compliance with the Commission’s rules.”

Michigan Tower Owner Cited for Failing to Maintain Required Obstruction Lighting

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to a Michigan tower owner for failing to maintain required obstruction lighting.

According to the NOV, an agent from the FCC’s Chicago field office inspected the tower in November 2025 and found that its obstruction lighting was not operating as specified in the Antenna Structure Registration (ASR) database.  Section 17.23 of the FCC’s Rules requires that antenna structures be painted and lighted in accordance with their registration.  The ASR for the tower required medium intensity white obstruction lighting at night, including a top-level strobe and two mid-level strobes.  At the time of the inspection, however, all of the required lighting was dark except for a single low-intensity, non-strobing white light that did not comply with Federal Aviation Administration specifications. Continue reading →

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April 1 is the deadline for broadcast stations licensed to communities in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee, and Texas to place their Annual EEO Public File Report in their Public Inspection File and post the report on their station website.

Under the FCC’s EEO Rule, all radio and television station employment units (“SEUs”), regardless of staff size, must afford equal opportunity to all qualified persons and practice nondiscrimination in employment.

In addition, those SEUs with five or more full-time employees (“Nonexempt SEUs”) must also comply with the FCC’s three-prong outreach requirements.  Specifically, Nonexempt SEUs must (i) broadly and inclusively disseminate information about every full-time job opening, except in exigent circumstances, (ii) send notifications of full-time job vacancies to referral organizations that have requested such notification, and (iii) earn a certain minimum number of EEO credits based on participation in various non-vacancy-specific outreach initiatives (“Menu Options”) suggested by the FCC, during each of the two-year segments (four segments total) that comprise a station’s eight-year license term.  These Menu Option initiatives include, for example, sponsoring job fairs, participating in job fairs, and having an internship program.

Nonexempt SEUs must prepare and place their Annual EEO Public File Report in the Public Inspection Files and on the websites of all stations comprising the SEU (if they have a website) by the anniversary date of the filing deadline for that station’s license renewal application.  The Annual EEO Public File Report summarizes the SEU’s EEO activities during the previous 12 months, and the licensee must maintain adequate records to document those activities.

For a detailed description of the EEO Rule and practical assistance in preparing a compliance plan, broadcasters should consult The FCC’s Equal Employment Opportunity Rules and Policies – A Guide for Broadcasters published by Pillsbury’s Communications Practice Group.

Deadline for the Annual EEO Public File Report for Nonexempt Radio and Television SEUs

Consistent with the above, April 1, 2026 is the date by which Nonexempt SEUs of radio and television stations licensed to communities in the states identified above, including Class A television stations, must (i) place their Annual EEO Public File Report in the Public Inspection Files of all stations comprising the SEU, and (ii) post the Report on the websites, if any, of those stations.  Once the new Report is posted on a station’s website, the prior year’s Report may be removed from that website. Continue reading →

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Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.  This month’s issue includes:

  • Public File Violations by Pennsylvania Class A Television Station Yield $6,000 Consent Decree
  • Spurious Emissions Lead to Notice of Violation for Hawaiian FM Station Licensee
  • Texas Radio Station Licenses Designated for Hearing Over Unauthorized Transfer of Control and Lack of Candor Claims

Pennsylvania Class A TV Station Licensee Agrees to $6,000 Consent Decree for Public File Violations

The Video Division of the FCC’s Media Bureau entered into a Consent Decree with the licensee of two Pennsylvania Class A TV stations to resolve an investigation into the stations’ failure to timely upload required documents to their online Public Inspection Files.

Section 73.3526(e)(11)(i) of the FCC’s Rules requires that every Class A TV station place in its Public Inspection File “a list of programs that have provided the station’s most significant treatment of community issues during the preceding three month period.”  The list must include a brief narrative of the issues addressed, as well as the date, time, duration, and title of each program aired addressing those issues.  The list must be placed in the Public Inspection File within 10 days of the end of each calendar quarter.

In March 2023, the licensee filed its license renewal applications for the two stations.  In the applications, the licensee certified that it had timely uploaded all required documentation to each station’s Public Inspection File during the license term.  However, after FCC staff notified the licensee that documents were in fact missing from both stations’ Public Inspection Files, the licensee belatedly uploaded five missing Issues/Programs Lists to one station’s Public File, and six missing Issues/Programs Lists to the other station’s Public File.  The licensee subsequently amended its license renewal applications to change the certification regarding timely Public Inspection File uploads from “yes” to “no.”

A staff review found that during the license term, one station had a total of six late Issues/Programs Lists during the license term (five of which were entirely missing until July 2025), and the other station had a total of seven late uploads (six of which were entirely missing until July 2025).  To resolve the matter, the licensee entered into the Consent Decree in which it admitted the facts surrounding the violations and agreed to implement new policies and procedures to prevent a recurrence.  These include designating a compliance officer, creating formal operating procedures to prevent future violations, drafting a compliance manual and distributing it to relevant employees, and conducting regular employee compliance training.

The licensee also agreed to report to the FCC within ten business days of discovery any violation of the Public Inspection File rule or the terms of the Consent Decree during the next two years.  Finally, it agreed to make a $6,000 voluntary contribution to the U.S. Treasury.  In return, the Media Bureau agreed to grant the stations’ license renewal applications, but conditioned the grants on receipt of the $6,000 payment.

Hawaii FM Station Receives Notice of Violation for Spurious Emissions

The FCC’s Enforcement Bureau issued a Notice of Violation (NOV) to the licensee of an FM radio station in Hawaii for generating spurious emissions at its transmitter site.  Spurious emissions occur when unintended radio frequency signals are generated outside a station’s assigned bandwidth.  These have the potential to cause harmful interference to other licensed users.

According to the NOV, the FCC’s Honolulu field office received a complaint from the Federal Aviation Administration, leading to an FCC field agent monitoring the FM station’s transmissions on May 14, 2025.  The agent observed signals emanating from the station’s transmitter site that were outside its licensed frequency and which were above the allowable limit under Section 73.317(d) of the FCC’s Rules.  These spurious emissions should have been attenuated by at least 80 dB compared to the station’s licensed transmissions, but the agent found that the spurious emissions far exceeded that level. Continue reading →